• Title/Summary/Keyword: legal framework

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Corona 19 Crisis and Data-State: Korean Data-State and Health Crisis Governance (코로나19 위기와 데이터 국가: 한국의 데이터 국가와 보건위기 거버넌스)

  • Jang, Hoon
    • Korean Journal of Legislative Studies
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    • v.26 no.3
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    • pp.125-159
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    • 2020
  • Amid global pandemic of covid-19, Korean government's response has drawn wide attention among social scientists as well as medical studies. The role of Korean state and civil society has attracted particular attention among others. Yet, this paper criticizes extant studies on Korean case which focus on the extensive intervention of the strong state and subjective attitude of Korean citizens in coping with covid-19. The concept of the strong state lacks social scientific specification and subjective citizens do not match with Korean realities. This article argues that Korean state's capacity in collecting and mobilizing digital data may offer better understanding for the successful responses to the pandemic. First, Korean state is the ultimate coordinator in collecting, analyzing and applying big data about the expansion of covid-19 with its huge network of dataveillance. Also, such role has been largely based upon relevant legal framework and well prepared manuals and cooperation with civic actors and companies. In other words, Korean digital dataveillance had demonstrated its transparency and cooperative governance. Second, such dataveillance capacity has deep roots in the long-term development of Korean state's big data management. Korean state has evolved about thirty years while enhancing digital data network within governments, companies and private sectors. Third, the relationship between Korean state's dataveillance and civil society can be characterized as a state centered push model. This model demonstrates highly effective governmental responses to covid-19 crisis but fall short of building social consensus in balancing individual freedom, human rights and effective containment policies. It means communitarian solidarity among citizens has not been a major factor in Korea's successful response yet.

Four strategic approaches to the national nature restoration plan for achieving carbon neutrality and national environment recovery (탄소중립 및 국토환경 회복을 위한 녹색복원 종합계획의 4가지 전략적 접근)

  • Son, Seung-Woo;Lee, Sang-Hyuk;Kim, Byung-Suk;Lee, Gil-Sang;Choi, Hee-Sun
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.27 no.2
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    • pp.1-16
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    • 2024
  • To achieve carbon neutrality and restore the national environment, there is growing interest in policies to transform national land areas into green space, such as expanding nature-based solutions, increasing biodiversity, and improving ecosystem service functions. In addition to complying with international agreements such as the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity, it is necessary to expand green spaces to achieve the 2050 Carbon Neutrality goal, which can be achieved by restoring the damaged land in an ecological way. However, it is challenging to implement green restoration in a systematic and active way due to conflicts of interest among landowners and lack of institutional support and advanced technology. Therefore, this study aims to develop a strategy to expand green restoration and implement it smoothly and systematically. This study examined the current status of green restoration in South Korea by investigating green restoration laws and systems and overseas trends, and by surveying the perceptions of 1,000 people selected from a pool of the public. The results of this study show that it is difficult to implement the green restoration efficiently because the laws related to restoration are scattered. According to the relevant legal plans, the perception and direction of restoration is to pursue a sustainable national land environment, allow people to benefit from nature, improve the quality of life, and nurture related industries and human resources. In the international community, it is mentioned that green restoration contributes to achieving the 2050 Carbon Neutrality goal, revitalizing green industries, developing and applying advanced technologies, maintaining consistency in restoration-related policies, expanding citizens' access to green spaces, and adopting nature-based solutions. Both experts and the public are aware of the seriousness of the damage to the natural environment and prefer restoration with human use rather than focusing on natural recovery. It is expected that this study will contribute to the future direction of green restoration and the implementation of tasks for the sustainable restoration of the national land environment and the zero-carbon era.

Factors Affecting the Intention to Adopt Self-Determination Rights of Personal Medical Information (개인의료정보 자기결정권 행사 의도에 영향을 미치는 요인)

  • Yunmo Koo;Sungwoo Hong;Beomsoo Kim
    • Information Systems Review
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    • v.20 no.1
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    • pp.159-177
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    • 2018
  • With an extensive proliferation of information and communication technology, the volume and amount of digital information collected and utilized on the Internet have been increasing rapidly. Also on the rapid rise are side effects such as unintended breach of accumulated personal information and consequent invasion of personal privacy. Informational self-determination is rarely practiced, despite various states' legal efforts to redress data subjects' damage. Personal health information, in particular, is a subcategory of personal information where informational self-determination is hardly practiced enough. The observation is contrasted with the socio-economic inconvenience that may follow due to its sensitive nature containing individuals' physical and health conditions. This research, therefore, reviews factors of self-determination on personal health information while referring to the protection motivation theory (PMT), the long-time framework to understand personal information protection. Empirical analysis of 200 data surveyed reveals threat-appraisal (perceived vulnerability and perceived severity of threats) and coping-appraisal (perceived response effectiveness), in addition to individual levels of concern regarding provided personal health information, influence self-determination to protect personal health information. The research proposes theoretical findings and practical suggestions along with reference for future research topics.

Ramon Sampedro: Finding the Right to Die with Dignity - Focused on Alejandro Amenabar's Movie <Sea Inside>- (라몬 삼페드로: 존엄하게 죽을 권리를 찾아서 -알레한드로 아메나바르의 영화 <씨 인사이드> 를 중심으로-)

  • Donggiun Kim
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.2
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    • pp.27-33
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    • 2024
  • In this article, this study examines the issue of "Physician-assisted Suicide" and how Ramon Sampedro asserts his right to a dignified death through litigation. Ramon, the protagonist of the movie <The Sea Inside> is a patient, severely paralyzed man who has spent more than 26 years in bed. The only thing he can do is verbally ask his family for help. Ramon can no longer support this worthless existence, so he pursues death with dignity. Ramon files a lawsuit to authorize death with dignity within a legal framework, but is denied on the grounds that life is a duty. Ramon eventually fulfills his desire for death with dignity with the help of his friends. Ramon sets up a camera to document the process of his death and introduces the cyanide, which is used in assisted dying, by inhaling cyanide in front of the camera and dying quietly. Although Ramon is not a terminally ill patient, who can blame him for practicing death with dignity as he chooses to do so. We will need to work to build social consensus and legislate for death with dignity for seriously ill patients like Ramon.

A Study on the Threat of North Korean Small Drones (북한 소형 드론 위협 사례에 대한 연구)

  • Kwang-Jae Lee
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.4
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    • pp.397-403
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    • 2024
  • North Korea's rapidly advancing drone development and operational capabilities have become a significant threat to South Korea's security. The drone incursions by North Korea in 2014, 2017, and 2022 demonstrate the technological advancement and provocative potential of North Korean drones. This study aims to closely analyze the military threats posed by North Korean drones and seek effective countermeasures. The research examines the development level of North Korean drone technology, its military applications, the characteristics and patterns of recent drone incursions, the adequacy and limitations of South Korea's current response systems, and future countermeasures. For this purpose, domestic and international research literature and media reports were reviewed, and specific North Korean drone incursion cases were analyzed. The results indicate that North Korea's small drones possess technological features such as small size, low altitude, low-speed flight, long-duration flight, and reconnaissance equipment. These drones pose threats that can be utilized for reconnaissance, surveillance, surprise attacks, and terrorism. Additionally, South Korea's current response systems reveal limitations such as inadequate detection and identification capabilities, low interception success rates, lack of an integrated response system, and insufficient specialized personnel and equipment. Therefore, this study suggests various technical, policy, and international cooperative countermeasures, including the development of drone detection and identification technologies, the utilization of diverse drone neutralization technologies, the establishment of legal and institutional foundations, the construction of a cooperative framework among relevant agencies, and the strengthening of international cooperation. The study particularly emphasizes the importance of raising awareness of the North Korean drone threat across South Korean society and unifying national efforts to respond to these threats.

Legal and Regulatory Issues in Genetic Information Discrimination - Focusing on Overseas Regulatory Trends and Domestic Implications - (유전정보 차별금지의 법적문제 - 외국의 규율 동향과 그 시사점을 중심으로 -)

  • Yang, Ji Hyun;Kim, So Yoon
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.237-264
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    • 2017
  • With the onset of the Human Genome Project, social concerns about 'genetic information discrimination' have been raised, but the problem has not yet been highlighted in Korea. However, non-medical institutions' genetic testing which is related to disease prevention could be partially allowed under the revised "Bioethics and Safety Act" from June 30, 2016. In the case of one domestic insurance company, DTC genetic testing was provided for the new customer of cancer insurance as a complimentary service, which made the social changes related to the recognition of the genetic testing. At a time when precision medicine is becoming a new standard for medical care, discipline on genetic information discrimination has become a problem that can not be delayed anymore. Article 46 and 67 of the Bioethics Act stipulate the prohibition of discrimination on grounds of genetic information and penalties for its violation. However, these broad principles alone can not solve the problems in specific genetic information utilization areas such as insurance and employment. The United States, Canada, the United Kingdom, and Germany have different regulations that prohibit genetic information based discrimination. In the United States, Genetic Information Non-Discrimination Act takes a form that adds to the existing law about the prohibition of genetic information discrimination. In addition, the range of genetic information includes the results of genetic tests of individuals and their families, including "family history". Canada has recently enacted legislation in 2017, expanding coverage to general transactions of goods or services in addition to insurance and employment. The United Kingdom deals only with 'predictive genetic testing results of individuals'. In the case of insurance, the UK government and Association of British Insurers (ABI) agree to abide by a policy framework ('Concordat') for cooperation that provides that insurers' use of genetic information is transparent, fair and subject to regular reviews; and remain committed to the voluntary Moratorium on insurers' use of predictive genetic test results until 1 November 2019, and a review of the Concordat in 2016. In the case of employment, The ICO's 'Employment Practices Code (2011)' is used as a guideline. In Germany, Human Genetic Examination Act(Gesetz ${\ddot{u}}ber$ genetische Untersuchungen bei Menschen) stipulates a principle ban on the demand for genetic testing and the submission of results in employment and insurance. The evaluation of the effectiveness of regulatory framework, as well as the form and scope of the discipline is different from country to country. In light of this, it would be desirable for the issue of genetic information discrimination in Korea to be addressed based on the review of related regulations, the participation of experts, and the cooperation of stakeholders.

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Problems with the Application of the Concept of "Original Form" to Natural Heritage (자연문화재에 있어 원형개념 적용의 문제점)

  • Lee, Won Ho
    • Korean Journal of Heritage: History & Science
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    • v.49 no.1
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    • pp.166-177
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    • 2016
  • This essay explores the problems with applying the concept of "original form" to natural heritage when it is based on originality and diachronic, historical period. It also suggests an alternative perception that the concept of "original form" can be considered based upon "integrity". First, the conceptual framework for applying the concept of "original form" falls into three types: one that centers on the time point at which heritage originated; another that respects the diachronic characteristics of the concept of "original form"; and the last that bases original form on a particular time after the heritage originated. Second, the national policy for the conservation of natural monuments and scenic sites stayed at the level of consulting the Decree on the Preservation of Treasures, Historical Remains, Scenic Sites, and Natural Monuments of Joseon, under Japanese colonial rule. And after the legal framework was established through enacting and proclaiming of the Cultural Heritage Protection Act in 1962, 564 cases have been designated as natural monuments. Third, the natural conservation movement, the first national policy for natural heritage, was initiated from the heritage field, but the Environment Ministry subsumed all nature-related policies and ever since the heritage agency (Cultural Heritage Administration) has implemented only heritage policies regarding "cultural" heritage. The present state of the coexisting policies about the natural heritage by the Environment Ministry and the Cultural Heritage Administration resulted in leading the public confused about official terms and main policy agency of natural heritage. Fourth, the difficulty of applying the concept of "original form" to natural heritage stems from the fact that natural heritage is inherently distinct from cultural heritage, which is placed at the center of the heritage policies implemented by the heritage agency. In addition, natural heritage, similarly distinct from the overall natural environment, has evolved in a way that incorporates human culture and thus diversely includes characteristics of originality, diachrony, and historical period. Under these circumstances, an incorporative, professional approach is required rather than independent approaches for each type of natural heritage. In conclusion, this essay suggests that issues related to the restoration of original conditions of natural heritage should be resolved through the application of the "integrity" concept by restoring "the characteristics of an object or a place that imbue it with meaning and value," with consideration given to efforts for alleviating logical contradictions within the concept of "original form" through the preparation of standards and guidelines for the restoration of original condition.

Optimal Monetary Policy System for Both Macroeconomics and Financial Stability (거시경제와 금융안정을 종합 고려한 최적 통화정책체계 연구)

  • Joonyoung Hur;Hyoung Seok Oh
    • KDI Journal of Economic Policy
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    • v.46 no.1
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    • pp.91-129
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    • 2024
  • The Bank of Korea, through a legal amendment in 2011 following the financial crisis, was entrusted with the additional responsibility of financial stability beyond its existing mandate of price stability. Since then, concerns have been raised about the prolonged increase in household debt compared to income conditions, which could constrain consumption and growth and increase the possibility of a crisis in the event of negative economic shocks. The current accumulation of financial imbalances suggests a critical period for the government and central bank to be more vigilant, ensuring it does not impede the stable flow of our financial and economic systems. This study examines the applicability of the Integrated Inflation Targeting (IIT) framework proposed by the Bank for International Settlements (BIS) for macro-financial stability in promoting long-term economic stability. Using VAR models, the study reveals a clear increase in risk appetite following interest rate cuts after the financial crisis, leading to a rise in household debt. Additionally, analyzing the central bank's conduct of monetary policy from 2000 to 2021 through DSGE models indicates that the Bank of Korea has operated with a form of IIT, considering both inflation and growth in its policy decisions, with some responsiveness to the increase in household debt. However, the estimation of a high interest rate smoothing coefficient suggests a cautious approach to interest rate adjustments. Furthermore, estimating the optimal interest rate rule to minimize the central bank's loss function reveals that a policy considering inflation, growth, and being mindful of household credit conditions is superior. It suggests that the policy of actively adjusting the benchmark interest rate in response to changes in economic conditions and being attentive to household credit situations when household debt is increasing rapidly compared to income conditions has been analyzed as a desirable policy approach. Based on these findings, we conclude that the integrated inflation targeting framework proposed by the BIS could be considered as an alternative policy system that supports the stable growth of the economy in the medium to long term.

A Study on Medium-Sized Enterprises of Japan (일본의 중견기업에 관한 연구 : 현황과 특징, 정책을 중심으로)

  • Kang, Cheol Gu;Kim, Hyun Sung;Kim, Hyun Chul
    • Korean small business review
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    • v.32 no.2
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    • pp.209-223
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    • 2010
  • Korea's business is composed of a few large-sized enterprises (which can be abbreviated as LSE) and a majority of small-sized enterprises (SSE). Although there has been a growing recognition of the need for the development of medium-sized enterprises (MSE) which can serve as a link between SSE and LSE, as yet there has not yet been a consensus on the definition, characteristics and the function of the MSE in Korea. Nowadays, the world is being globalized, and Japan and China are in competition to ne a great economic power. While East Asia is experiencing rapid changes, promoting MSE which can secure flexibility and efficiency through covering up the limitation of LSE and SSE is needed in order to respond the global market which is being specialized. The features of MSE in Japan can be listed as follows. First, the MSE in Japan is developing the company through getting into niche markets which are hard for major companies to enter rather than developing markets in order to compete against major companies directly. While MSEs are endeavoring to build the business firmly in the domestic market, they can possess special and competitive technical skills through trials and errors; so that they can get a chance develop their business through independent business system rather than putting their effort to compete against major companies. Second, from the MSEs with competitive edge in the market, there are many contributions to the national exportation. Those MSEs produce in domestic and maintain the quality of high price products which need cutting-edge technology, while they relocate the low and middle priced goods to the country where manufacturing costs are low, so that they can maintain the price competitiveness. Third, the industrial structure in Japan is formed from dual structure between major companies and small sized companies. In other words, in Japan's industrial structure which are composed of subcontract structure, this dual structure has taken a major role of small sized companies' growth and manufacturing businesses' international competitive power. Forth, MSE in Japan adopt a strategy of putting their value on qualitative scale growth rather than quantitative scale growth. In this paper, the case of Japanese MSE is analyzed. Along with its long history of Industrialization, Japan has a corporate environment where the SSEs can develop as a MSE and later a LSE through a full-support system. Among its SSEs, there are a number of world class corporations equipped with a large domestic market, win-win cooperation with the LSEs and an independent technology development. It can also be observed that these SSEs develop into MSEs with sustainable growth potentials. This study will focus on the condition under which the MSEs of Japan have been developed, and how they have survived the competition between SSEs and LSEs. Through this study, this paper attempts to offer solutions to Korea's polarization between the SSE and LSE, while providing the basis for SSEs revitalization. In general, if both extremities phenomenon deepen between LSE and SSE, there are possible fears of occurring disutility in national economy by the monopolization of LSE. For that reason, enterprise group, which can make SSE or MSE compete LSE in some area and ease the monopoly and oligopoly problem, is needed. This awareness has been shared for ages long. Nevertheless, there is no legal definition for MSE in Japan, and there is no definition about the enterprise size or unified view of MSE between scholars, but it is defined differently by each of academical person or research institution and study meeting. For that reason, this paper will organize the definition of MSE in Japan, and then will propose the characteristics of the background which has made MSE secure competitiveness and sustainable growth in global market. This study focus on that because through this process, the positive change to the awareness of MSE can be proposed in Korea and to seek the policy direction for building institutional framework which can make SSE become MES. Through this way, the fundamentals for SSE to become MSE can be managed and some appropriate suggestions which will be able to make MSE enter the global market in the future can also be proposed. Due to these facts, this study is very important and well timed task. In a sense of this way, this study will examine the definition and role of MSE in Japan. after this examination, this study will deal with the status, special feature, and promotion policy for MSE. Through this analysis of MSE in Japan, the foundation which be able to set the desirable role model for MSE in Korea can be proposed. Also, the political implication which is needed to push ahead to contribute to creating employment and economic growth through sustainable growth of MSEs in economic system of Korea can be offered through this study. It has been found that Japan's MSE functions as an indispensable link among various industrial structures by holding a significant position in employment rate, production and value added. Although the MSEs took up less than 1% of the entire number of businesses with 2700 manufacturing firms and 7000 non-manufacturing firms, its employment ratios are about 15%, while taking about 25% of the manufacturing industry's exports. In industries such as machinery and electronics which is considered Japan's major industry, the MSEs showed a higher than average ratio of manufacturing exports and employment rate. It can be analyzed that behind Japan's advantageous industries, close and deeply knit MSEs exist. Although there are no clearly stated policies geared towards the MSEs by the Japanese government, various political measures exist such as the R&D Project and the inducement of cooperation between enterprises which gives room for MSEs to participate in the SSE policies. In relation to these findings, the following practical measures can be considered in order to revitalize Korea's MSEs: First, there is a need for a legal definition of MSE and the incentives to provide legal support for its growth. Second, if a law to support the MSEs is established, it could provide a powerful inducement for the SSE to grow as a MSE, rather than stay as a SSE. Third, there is a need for a strategy of MSEs to establish a stable base in the domestic market and then advance to the global market with the accumulated trial and error and competitiveness. Fourth, the SSE themselves need the spirit of entrepreneurship in order to make the leap to a MSE. Because if nothing is to be changed about the system on the firms that grew, and the parts of the past custom was left to be managed alone, confusion and absence of management can take place. No matter how much tax favors the government will give and no matter how much incentive there could be through the policies, there are limits for industries to higher the ability to propagate. And because of that it is a period where industries need their own innovative skills to reform their firms.

The Production Structure of Genetic Information in South Korea (한국의 유전적 정보 생산 구조)

  • Yi Cheong-Ho
    • Journal of Science and Technology Studies
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    • v.5 no.1 s.9
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    • pp.55-92
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    • 2005
  • The factors contributing to the formation of an important scientific concept in South Korea and its circulation in the society are the scientific knowledge that had been already formed, matured, and established in the U.S.A, Europe and Japan and has been introduced into Korea, and the institutions that have been formed during the recent modernization in South Korea. The concept of 'genetic information' cannot be an exception in this context. The concept of genetic information is the one that has been extended and intensified by the genomics and bioinformatics formed and matured through the Human Genome Projects from the former concept of inheritance or heredity within the framework of classical and molecular genetics. The purpose of this study was to find out 'how the production structure of genetic information in South Korea has been formed', under the perspective of the conceptual, epistemic, and institutional holisticity or integratedness in the concept and knowledge production structure idealized in Western advanced nations. The discourse of genetic engineering popular in the mid 1980's in South Korea has catalyzed the development of molecular biology. However, the institutional balance that had been established for the biochemistry departments in Natural Science College and Medical College was not formed between the genetic engineering and genetics departments in South Korea. Therefore, they were unable to achieve the more integrative and macro-level disciplinary impact on life sciences, largely due to institutional lack of the capable (human) genetics departments in some leading Korean colleges of Medicine. In genomics, the cutting-edge reprogramming and restructuring of the traditional genetics in the West, South Korea has not invested, even meagerly, in the infrastructure, fund, and research and development (R & D) for the Basic or First Phase of the research trajectory in the Human Genome Project. Without a minimal Basic Phase, the genomics research and development in Korea has been running more or less for the Advanced or Second Phase. Bioinformatics has started developing in Korea under a narrow perspective which regards it as a mere sub-discipline of information technology (IT). Having developed itself in parallel with genomics, bioinformatics contains its own unique logics and contents that can be both directly and indirectly connected to the information science and technology. As a result, bioinformatics reveals a defect in respect of being synergistically integrated into genetics and life sciences in Korea. Owing to the structural problem in the production, genetic information appears to be produced in a fragmented pattern in the Korean society since its fundamental base is weak and thin. A good example of the conceptual and institutional fragmentedness is that 'the genetics of individual identification' is not a normal integrated part of the Korean genetics, but a scientific practice exercised in the departments of legal medicine in a few Medical Colleges. And the environment contributing to the production structure of genetic information in South Korea today comprises 'sangmyung gonghak'(or life engineering) discourse and non-governmental organization movement.

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